Divorce

Family Law Attorneys Advising Residents of DuPage and Kane Counties

Even relatively amicable divorces can take an emotional toll on a family. At the Law Offices of Nick Kulagin, our experienced family law lawyers are committed to helping people throughout DuPage County and Kane County understand and assert their rights at each stage of the legal process. From our offices in Wheaton, we can take the needed steps to protect your family, your home, and your business, relying on 15 years of experience.

Filing a Petition to Dissolve a Marriage

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs the divorce process. This Act was recently amended. One notable amendment entirely abandons fault grounds for divorce in favor of “irreconcilable differences,” which will be the only basis to dissolve a marriage in this state. A divorce based on irreconcilable differences, also known as a no-fault divorce, simply means that the marriage has broken down beyond the point of resolution. As a result, neither spouse needs to show that the other spouse did something wrong that resulted in the breakdown of the relationship between them.

Recent changes to the law also have reduced the amount of time required to obtain a no-fault divorce. If the spouses have lived apart for six consecutive months, there is an irrebuttable presumption that irreconcilable differences exist. If the entire duration of the marriage is less than six months, however, the presence of irreconcilable differences must be proved. Additionally, if the parties have not lived separately and apart for at least six months, proof of irreconcilable differences must be presented.

Determinations of property division can be a complex and often contentious issue in a divorce. Illinois is an equitable distribution state. As a result, marital property must be divided fairly between the spouses. Marital property is defined as any assets or debts acquired over the course of the marriage. Under the amendments to the Act, a court can enlist an independent financial expert to help value the couple’s assets. The spouses will be able to cross-examine this expert, and the costs of the expert will be divided between the parties.

Additionally, the amendments affect how family courts will value assets. Formerly, courts valued a couple’s assets as of the date of the trial. Now, the parties may agree to another date, or the court can set another date. This provision is intended to address the problem of updating outdated valuations if the trial is delayed.

Contact a Knowledgeable Lawyer in DuPage or Kane County When Seeking a Divorce

At the Law Offices of Nick Kulagin, our dedicated family law attorneys are familiar with child custody and support, property division, and other aspects of divorce. DuPage County and Kane County residents can seek our assistance in protecting their interests. We understand the anxiety that you may feel during this challenging time in your life, and you can expect sensitivity and compassion from us. We also represent individuals from Naperville, Hoffman Estates, Oak Park, and Geneva, among other communities. To set up a free consultation, call us at 630-480-6399 or contact us online.